Carson v. Lee
Supreme Court of Missouri
Appeal from Mississippi Circuit Court. — Hon. Frank Kelly, Judge. (1) The court, upon the objection of defendant, refused to permit plaintiffs to show that at the time the conveyance from Addie Howlett and her husband was miade to Luke Howlett, Price Howlett, husband of Addie, was being hard pressed and even sued on¡ claims against him.
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Appeal from Mississippi Circuit Court. — Hon. Frank Kelly, Judge. (1) The court, upon the objection of defendant, refused to permit plaintiffs to show that at the time the conveyance from Addie Howlett and her husband was miade to Luke Howlett, Price Howlett, husband of Addie, was being hard pressed and even sued on¡ claims against him. Such testimony was proper. 27 Cyc. 1006' (c); Brightwell v. McAfee, 249 Mo. 579; Powell v. Crow, 204 Mo. 487; Book v. Beasley, 138 Mo. 455; .Cobb v. Day, 106 Mo. 278. It does not matter that the evidence was concerning the husband’s debts, as the wife may…
1Opinion of the CourtGoode, J.
Plaintiffs, who are the children and only heirs of Addie Howlett and Sterling Price Howlett, both deceased, filed this action to obtain a decree that they be allowedi to reedeem a parcel of land, consisting of seventy acres, from the operation of an alleged mortgage made by tbeir parents. The instrument said to be a mortgage, executed and recorded July 6, 1903, was to Luke Howlett, a. brother of said Price, and was in form a warranty deed, except that it contained this paragraph:
“And said Luke Howlett agrees that said Price and Addie Howlett may at any time within ten years redeem said land…
2Cases cited24 opinions
- Henley v. HotalingCalifornia Supreme Court · 1871
- State ex rel. Henderson v. County CourtSupreme Court of Missouri · 1872
- Rice, Stix & Co. v. SallySupreme Court of Missouri · 1903
- McNamara v. CulverSupreme Court of Kansas · 1879
- Fort v. ColbySupreme Court of Iowa · 1913
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3Cited by9 opinions
- Williamson v. FrazeeSupreme Court of Missouri · 1922
- Gibbons v. GibbonsUtah Supreme Court · 1943
- Thornley Land & Livestock Co. v. GaileyUtah Supreme Court · 1943
- Pearson v. Allied Finance CompanyMissouri Court of Appeals · 1963
- Parrish v. McDanielSupreme Court of Missouri · 1962
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